The Federal High Court in Abuja on Monday fixed 20th June for the adoption of processes in the suit filed by the leader of the proscribed Indigenous People of Biafra (IPoB), Mazi Nnamdi Kanu against the Department of State Services (DSS).
The date was fixed by the court registrar following the absence of Justice Binta Nyako, who was said to have gone on an official assignment.
On 3rd May, the judge had warned lawyers for DSS and Kanu against truncating proceedings on the next adjourned date.
Justice Nyako gave the warning following the day’s proceeding that could not go on due to an oral application by DSS counsel, Idowu Awo, seeking more time to respond to a further affidavit served on him by Kanu’s lawyer, Prof. Mike Ozekhome in the open court.
Kanu, through his team of lawyers, had sued the DSS and its Director General as the first and second respondents in the matter.
He is asking the court for permission to apply for an order of mandamus to compel the DSS to allow him unhindered access to his medical doctor, among others.
On 1st February, the court granted Kanu permission to apply for an order of mandamus after an ex-parte motion by Ozekhome to the effect.
In a preliminary objection filed by the DSS, the security outfit urged the court to dismiss the suit for want of jurisdiction.
DSS had countered that there was a subsisting judgement of a sister court delivered by Justice Taiwo Taiwo on 3rd June 2022, in suit number FHC/ABJ/CS/1585/2021 between Kanu and the DG of DSS and two others, wherein the court dealt substantially with the issue of allowing the IPoB leader access to his personal physician.
It said the instant suit was similar to the earlier one and that Kanu had filed an appeal against the judgement.
